Terms of service
NOIETS INTERNET PRIVATE LIMITED a company incorporated under the Companies Act, 2013 and herein after referred in short “IS.U”. ("IS.U”, "we," "us," and/or "our") provides its services (described below) to you through its mobile applications, internet platforms and other software made available by IS.U ("Software") and its website located at http://www.isufashion.com (the "Site") (collectively, such services, Software and the Site, collectively, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, these "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Service to determine if there have been changes to these Terms of Service and to review such changes.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. PLEASE INDICATE YOUR ACCEPTANCE TO THESE TERMS OF SERVICE IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED BY IS.U. INDICATING ACCEPTANCE ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND IS.U. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, YOU CANNOT USE THE SERVICE.
In addition, when using certain services, you shall be subject to any additional terms, policies or guidelines applicable to such services that may be posted on the Service from time to time. All such terms, policies and guidelines are hereby incorporated by reference into these Terms of Service.
Access and Use of the Service
Third Party Services: You may register for the Service using third party services (e.g., Facebook Connect, Gmail, Yahoo etc.) and otherwise enable various third party services to be directly integrated into your IS.U experience. By directly integrating these services into the Service, we make your online experiences richer and more personalized. To take advantage of these features, we may ask you to register for or log into such services on the websites of their respective providers. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and IS.U's use, storage and disclosure of information related to you and your use of such services within the Service (including your friend lists and the like), please see our Privacy Policy contained herein below. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and IS.U shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, IS.U is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, IS.U is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. IS.U enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
Your Registration Obligations: You may also be permitted to register with the Service directly. In any case, if you choose to register for the Service (whether directly or through a third party service), you agree to provide and maintain true, accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. The Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to minors (people under the age of majority in their state or province of residence) or to temporarily or permanently suspended members of the Service. If you do not qualify, please do not use the Service. Additionally, IS.U reserves the right to refuse access to, or use of the Service to anyone, and may terminate any account, at any time, in its sole discretion. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify IS.U of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. IS.U will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: IS.U reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that IS.U shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that IS.U may establish general practices and limits concerning use of the Service. You agree that IS.U has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that IS.U reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that IS.U reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: When you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.
Referral Program: IS.U may from time to time offer credits to existing users that refer new users to the Service using the invite code provided by IS.U to such existing users. IS.U may also make certain credits available to such new users using that invite code. The amount of such credits will be determined, and may change, from time to time in IS.U's sole discretion and such program may be terminated by IS.U at any time, in each case with or without notice to you. Furthermore, IS.U reserves the right to limit the number and/or amount of credits that may be earned with respect to any existing user with or without notice to you. To be eligible for a credit (whether granted to an existing user or new user), the new user must be an individual that has never registered for the Service and she must be using a device (not the web) for sign-up and the device being used must not be associated with an existing IS.U account. In addition, any credit granted cannot be traded for cash or any other service. We reserve the right to void any credits that we believe in our sole discretion are a result of fraud or other misuse of this program or the Service.
Conditions of Use
User Conduct: You are solely responsible for all descriptions, pictures of items, listings, information, data, text, software, music, sound, graphics, video, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "post") or otherwise transmit via the Service, and for all items that you sell or purchase via the Service. The following are examples of the kind of items, content and/or use that is illegal or prohibited by IS.U. IS.U reserves the right to investigate and take appropriate legal action against anyone who, in IS.U's sole discretion, violates this provision, including without limitation, removing the offending items or content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
sell, post or otherwise transmit any item or content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to sell or transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of IS.U, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose IS.U or its users to any harm or liability of any type;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services other than those items intended to be sold and purchased through the Service;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
violate any applicable local, state, national or international law, or any regulations having the force of law;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Compliance with Law: You agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Shipping Policy: The product will be delivered within a time frame of 3 to 14 days from order date.
Purchase and Sale Transactions
Fees; Transactions: Registering for the Service is free; however, IS.U may charge certain fees for various transactions effected through the Service. Unless otherwise stated, all fees are quoted will be in India Rupees. In addition to the payment of the applicable purchase price for a purchased item, buyers are responsible for paying all shipping costs to IS.U and all applicable sales, excise, import, export, VAT and other taxes or duties associated with the purchase and sale of any items through the Service.
All such shipping costs and taxes are not included in the listed price for any items made available from sellers through the Service, but will be displayed to buyers before confirmation of any purchase. Sellers are responsible for all taxes including income tax, value added tax and service taxes associated with the purchase and sale of any items through the Service. For clarity, all shipping costs paid will be retained by IS.U.
Credit/Debit Card (Card) Transactions: To the extent you as a buyer effect any transactions using a credit/debit card, you must have a valid credit/debit card on file, and we will (or a third party card processor may) store your card information. IS.U will verify your card information (including expiration date and billing address), but will not charge your card unless you conduct an activity through the Service that requires your card to be charged. By agreeing to pay for a transaction with your card, you authorize us to charge your card.
Fee Modifications: We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service (including to lower fees for promotional events), and such changes are effective when we post information about the fee change through the Service. Additionally, we may change our Fee Policy at any time and in our sole discretion, and any changes to the Fee Policy are effective upon the posting of such changes to the Fee Policy.
The Service is only a Venue and IS.U is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that users buy or sell on IS.U's marketplace: The Service acts as an open marketplace for users to interact with other users to buy and sell fashion and other items. IS.U only provides a service, is not involved in any transaction between buyers and sellers who use the Service, does not obtain title to any purchased items and does not act as the buyer or seller (or agent for buyers or sellers) with respect to any such transactions. IS.U is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that users buy or sell on IS.U's marketplace. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses). You agree that all of these risks are borne by you, and not IS.U. IS.U does not control the behavior of users of the Service or the information or other content provided by other users that is made available through the Service. As a result, IS.U does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. We cannot assure that all transactions will be completed. Additionally, IS.U does not guarantee the ability or intent of users to fulfill their obligations in any transactions. IS.U reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting IS.U and its users from illegal or wrongful activities.
FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH OUR SITE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY'S ABILITY TO PAY FOR OR DELIVER THE ITEM(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SITE.
Item Comment System: User authentication on the Internet is difficult. IS.U may attempt, but is under no obligation, to independently confirm a user's purported identity. Therefore, we have established an item commenting system to help you evaluate the user with whom you are dealing. We also encourage you to communicate directly with potential buyers or sellers through the features available through the Service.
Listing Restrictions: IS.U prohibits the listing or sale of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation,
Selling: You must have the legal authority to sell the items that you are listing for sale through the Service. You must describe your item (including the original price) and all terms of sale in your listing truthfully, accurately and reasonably completely. If you accept an offer, you shall complete the transaction with the buyer unless the transaction is prohibited by law or these Terms of Service, subject to the return procedure described below. You are also responsible for payment of the commission to IS.U. An offer to sell may be retracted at any time prior to its acceptance, but not after.
Buying: If you agree to purchase an item through the Service and confirm the transaction, you are obligated to complete the transaction in accordance with the terms and conditions specified by the seller (e.g., with respect to the listing price), unless the transaction is prohibited by law or these Terms of Service, subject to the return procedure.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain images and descriptions of fashion items and other content (collectively, "Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by IS.U, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology underlying the Service (including the Software distributed in connection therewith) is the property of IS.U, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service (including the Software). Any rights not expressly granted herein are reserved by IS.U.
The IS.U name and logos are trademarks and service marks of IS.U (collectively the "IS.U Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to IS.U. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of IS.U Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of IS.U Trademarks will inure to our exclusive benefit.
Mobile Software Applications: IS.U offers Software applications that are available to be operated in connection with products made commercially available in various operating systems viz., Apple iOS, Google Android, Microsoft Windows and Blackberry etc. (“Mobile OS”). With respect to Mobile Software that are made available for your use in connection as aforesaid, in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
IS.U provides this service only for the purpose of convenience of the consumers. Terms of Service as applicable on the Mobile OS shall be governed by the respective Mobile OS, and IS.U is no way responsible for any liability thereof.
You may not use the Mobile OS -Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Mobile OS -Enabled Software in, or otherwise be in conflict with, the Mobile OS Terms of Service.
Your license to use the Mobile OS -Enabled Software is limited to a non-transferable license to use the Mobile OS -Enabled Software on an Mobile OS Product that you own or control, as permitted by the Usage Rules set forth in the Mobile OS Store Terms of Service.
IS.U has no obligation whatsoever to provide any maintenance or support services with respect to the Mobile OS -Enabled Software.
If you have any questions, complaints or claims with respect to the Mobile OS-Enabled Software, they should be directed to IS.U by e-mail to hello@isufashion.com